'Modi-Thieves' Remark| Gujarat HC Judge Recuses From Hearing Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case

It may be recalled that on March 23, the Court of Chief Judicial Magistrate sentenced Gandhi to two years in jail, following which he was disqualified as MP of Lok Sabha. However, his sentence was suspended, and he was also granted bail to enable him to move an appeal against his conviction within 30 days.

Thereafter, Gandhi moved the Surat Sessions Court on April 3 challenging his conviction order. He also moved an application seeking a stay on his conviction. Though Gandhi was granted bail (till disposal of his appeal) by the Court on April 3, his application for a stay on his conviction was rejected on April 20.

The Court had also observed in its order that being a Member of Parliament and President of the second largest political party, Gandhi should have been more careful with his words, which would have had a large impact on the mind of the people.

More details of the case here: 'Being An MP, Rahul Gandhi Should Have Been More Careful With His Words', Says Surat Court Denying Him Relief In Defamation Case

The case in brief

BJP MLA and former Gujarat minister Purnesh Modi had filed a complaint under Sections 499 and 500 of the Indian Penal Code against Rahul Gandhi for his alleged remarks stating that it has defamed all people with the ‘Modi’ surname while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.

The remarks had been video graphed by the video surveillance team and video viewing team duly notified by the office of Deputy Commissioner and District Election Officer, Kollar District.

The Gujarat High Court vacated the stay on trial in the criminal defamation case in February this year. Gandhi Rahul Gandhi remained present in the court when the court pronounced its verdict. On earlier three occasions too, he was present before the Court.

Gandhi has maintained that there was no malafide intention on his part when he made the statement in question.